Notice of Intended Prosecution

Section 1(1) of the Road Traffic Offenders Act 1988 requires that for certain specified offences the person to be prosecuted must have been:

• warned at the time the offence was committed of the possibility of prosecution or

• served with a summons within 14 days of the commission of the offence or

• served with a Notice of Intended Prosecution within 14 days of the commission of the offence or alternatively such a Notice must have been served on the Registered Keeper

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If these requirements are not met any related prosecution must be dismissed. However, the law presumes that the Police will comply with the 1988 Act so if there is any dispute the driver will need to prove non-compliance by calling evidence (section 1(3) of the Act).

Any warning of the possibility of prosecution can be given orally. It does not have to be in writing. However it does have to be given "at the time of the offence" although this can be some time after the alleged offence was committed. If there is a dispute it is for the driver to establish that the delay between the time of the offence and the warning is unjustified or unreasonable.

The Act also entitles the authorities to serve a Notice of Intended Prosecution:

• personally by delivering it to the recipient

• by addressing it to the recipient and leaving it at his last known address

• by sending it by registered post, recorded delivery service or first class post, addressed to the recipient at his last known address

If the post is used it may be possible to challenge the presumption of service by calling evidence unless registered post or recorded delivery are used when the position is unclear. The authorities are only obliged to send the Notice in time. If it arrives late outside the 14 day time limit the driver cannot object. This does not entitle the authorities to post the Notice on the 14th day when it is inevitable that the Notice will arrive late. The date of the offence is ignored when calculating the 14 day period.

Notice may be given either to the registered keeper or the driver. If given to the keeper the identity of the person who may be prosecuted need not be given in the Notice.

The police do not have to comply with the requirements of section 1(1) if:

• neither the name and address of the accused nor the name and address of the keeper, if any, could with reasonable diligence have been ascertained in time for a summons or notice to be sent; or

• the accused by his own conduct contributed to the failure.

Some of the offences covered by section 1(1) are:

• Most speeding offences

• Dangerous Driving (s2 RTA 1988)

• Careless or Inconsiderate Driving (s3 RTA 1988)

• Failing to comply with Traffic Signs and Traffic Directions (s35 and 36 RTA 1988)

• Leaving a vehicle in a dangerous position (s22 RTA 1988)

The police do not have to comply with section 1(1) if an accident occurred at the time of the offence or immediately thereafter (section 2(1) Road Traffic Offenders Act 1988).

The comments below are general and should not be taken as a definitive statement of the law or procedure. Expert advice should always be sought on this area. We have not attempted to cover all the obligations or legal requirements that may arise when an accident occurs.